OREGON PROPERTY 2019 BUYER ADVISORY
OREGON PROPERTYBUYER ADVISORY2019This Advisory is designed to assist home buyers in meeting their obligation to satisfythemselves as to the condition and desirability of property they are interested in purchasing.Common issues in real property transactions that home buyers often decide to investigateor verify are summarized in this Advisory. In addition to investigating or verifying thesecommon issues, the buyer should tell the licensee with whom they are working about anyspecial concerns or issues the buyer may have regarding the condition of the property orsurrounding area. Such special concerns are not addressed in this Advisory.Oregon Association of REALTORS www.oregonrealtors.org1
OREGON PROPERTY BUYER ADVISORYINTRODUCTION. 3SECTION 1- PROPERTY CONDITION, INSPECTION AND INVESTIGATION. 3Professional Home Inspections. 3Defective Products and Materials. 4Repairs and Remodels. 5Sewer and Septic Systems. 5Wells. 6Well Flow Tests. 6Underground Oil Storage Tanks. 7Environmental Hazards. 8Woodstoves. 8Mold. 9Smoke Alarms. 9Carbon Monoxide Alarms. 10Deaths, Crimes and External Conditions. 11Neighborhoods. 11Aggregate Site. 12Short Sale Properties. 12Real Estate Owned Properties. 13Radon. 13SECTION II: DOCUMENT INSPECTION AND INVESTIGATION. 14Information Generally. 14Real Estate Sales Form (Sale Agreement). 15Residential Tenant Occupied Properties. 15Financing. 15Title Report and Commitment. 16Homeowners’ Association Documents, Covenants, Conditions, and Restrictions. 16Homeowners’ Insurance. 17Flood Insurance Disclosure. 17Home Warranty Policy. 18Square Footage and Acreage. 18Lead-Based Paint Disclosure Form. 18Historic Property. 19Property Taxes. 19Wire Fraud Advisory. 20Buyer Acknowledgement. 212
INTRODUCTIONA real estate licensee is vital to the home buying process and can provide a variety of servicesin locating property, negotiating the sale and advising the buyer. A real estate agent is generallynot qualified to discover defects or evaluate the physical condition of property; however, areal estate agent can assist a buyer in finding qualified inspectors and provide the buyer withdocuments and other resources containing vital information about a prospective new home.This Advisory is designed to assist home buyers in meeting their obligation to satisfythemselves as to the condition and desirability of property they are interested in purchasing.Common issues in real property transactions that home buyers often decide to investigate orverify are summarized in this Advisory. In addition to investigating or verifying these commonissues, the buyer should tell the licensee with whom they are working about any specialconcerns or issues the buyer may have regarding the condition of the property or surroundingarea. Such special concerns are not addressed in this Advisory.SECTION I: PROPERTY CONDITION, INSPECTION AND INVESTIGATIONPROFESSIONAL HOME INSPECTIONSObtaining a professional home inspection is the single most important thing a buyer can dofor their protection. A professional home inspection report will provide the buyer with detailedinformation about the home’s physical condition, its systems and fixtures and usually noteany potential future problems. The buyer should carefully review an inspector’s proposal todetermine the scope of the inspection. Some home inspectors may not inspect heating andcooling systems, the roof or other systems or components. A home inspection should be doneby a home inspector or contractor licensed by the Oregon Construction Contractors Board(CCB). To inspect two or more components (i.e., roof, siding, structural), the home inspectormust be certified and either be a licensed construction contractor or work for a licensedconstruction company. Also, a home inspector is not allowed to perform the repairs withina twelve-month period following the inspection. Buyers can review state home inspectorrequirements online here. Additional information about inspections and inspectors is availablefrom the Oregon Association of Home Inspectors at: www.oahi.org or the InternationalAssociation of Certified Home Inspectors at www.nachi.org.Inspection of property is beyond the scope of expertise of a real estate licensee, but realestate licensees can provide buyers with a list of local inspectors. Licensees ordinarily will notrecommend a specific inspector. Before hiring an inspector, the buyer should check with theCCB to determine the inspector’s current license status and whether there are any past orpending claims against the inspector. This can be done by clicking here. Buyers should not relyupon reports done for others (previous buyers and/or sellers), because the report may not beaccurate and buyers may have no recourse against an inspector they have not retained.3
Most residential sale contracts contain a clause that allows the buyer to withdraw from theagreement if a professional inspection they have done shows defects in the property. Youwill want to take advantage of this important right by obtaining your own professional homeinspection report from a licensed professional inspector within the time frame specified in thesale contract. Unless otherwise provided for in the Sale Agreement, the cost of the inspectionwill not be refunded should you withdraw from the Agreement.PEST AND DRY ROT INSPECTIONPest and dry rot inspections are done in many residential real estate transactions and maybe required by the lender. A pest and dry rot inspection may or may not be included in awhole home inspection. If a pest and dry rot inspection is desired or required and the buyeris obtaining a whole home inspection, the buyer should verify that the inspection obtainedcovers pest and dry rot and the inspector is properly licensed. The license status of homeinspectors can be checked here. Pest control operators who do inspections and treatment arelicensed by the Oregon Department of Agriculture.Buyers can check on licensing of pest control operators and applicators by calling the OregonDepartment of Agriculture at (503) 986-4635 or online here. Real estate licensees do not havethe training or expertise to inspect property for pests or dry rot. Like any property conditionreport, buyers should not rely on the report of an inspector they did not hire. A pest anddry rot inspection is a limited inspection and is no substitute for a complete whole homeinspection by a licensed home inspector.DEFECTIVE PRODUCTS AND MATERIALSSome materials used in home construction are, or have been, subject to a recall, classaction suit, settlement or litigation. These materials are typically, but not limited to, modernengineered construction materials used for siding, roofing, insulation or other buildingpurposes. It is critical that a buyer carefully review any disclosures or representations of theseller regarding such materials. A real estate licensee may assist the buyer in that review,but inspection of property for defective products, systems, fixtures or materials is beyondthe scope of expertise of a real estate licensee. The buyer, therefore, should make certaininspection for such materials is within the scope of any home inspection ordered by the buyer.Like any property condition report, buyers should not rely on the report of an inspector theydid not hire.Similarly, homes may contain products in their systems or fixtures that are, or have been,subject to a recall, class action suit, settlement or litigation. Plumbing, heating and electricalsystems, among others, may contain such products. It is critical that a buyer carefully reviewany disclosures or representations of the seller regarding such products. The buyer should,therefore, make certain inspection for such products is within the scope of any home4
inspection ordered by the buyer. A real estate licensee can help the buyer find a suitableinspector.REPAIRS AND REMODELSBuyers should look for signs of repairs or remodeling when viewing property. If repairs orremodeling have been done, the buyer will want to make certain the work was properly done.Buyers can ask the seller for any invoices or other documentation for the work but, as withother questions of property condition, there is no substitute for professional inspection. A realestate licensee can help the buyer assess the need for a building code compliance inspectionbut do not themselves have the training or expertise to evaluate building code compliance.Information about building permits can be found here, a service of the Department ofConsumer & Business Services Building Codes Division. If building permits were required forwork done on the property (such permits are typically required for structural changes, newadditions, and new plumbing and electrical work), the buyer should check with the city orcounty building department to make sure the permits are in order. If permits were not properlyobtained, the new property owner could be held responsible. Ask your agent for assistanceor you can find the website for the county in which the property is located by clickinghere. Websites for cities can be found by clicking here. If repairs or remodels have beencompleted very recently, the buyer should take steps to determine if there is any possibility ofconstruction liens being filed against the property after the sale has closed. This can be doneby the buyer raising the issue with their title insurance provider.If any repairs are being required during the transaction, the buyer should insure a licensedconstruction contractor is doing the repairs. After the repairs have been done, the buyershould consider having a re-inspection done to assure the repairs were done properly.HOMEBUYER PROTECTION ACTThe Homebuyer Protection Act of 2003 requires sellers of certain new and recently remodeledor renovated residential property to provide buyers with protection from unrecordedconstruction liens. Information about construction liens is available by clicking here. If thebuyer is entitled to protection under the Homebuyer Protection Act, the seller must chooseone of five statutory protections and provide you with a Notice of Compliance form indicatingthe protection chosen. A copy of the Notice form and explanation of the Act is available byclicking here.Real estate licensees are not trained or experienced in construction lien law. If a Notice ofCompliance form is part of the transaction, or either party is uncertain about their rights orobligations under the Act, they should seek the advice of an attorney. Real estate licenseescannot interpret legal documents or give legal advice.5
SEWER AND SEPTIC SYSTEMSIt is important to determine if the property is connected to a city sewer or if the property isserviced by a septic system. The buyer should always verify the type of sewage system presenton the property even if this information is provided in the MLS data sheet or Seller’s PropertyDisclosure Statement.Real estate licensees are not licensed to do plumbing or septic inspections. If the property isserviced by a septic system, a septic system inspection should be completed by an approvedOnsite Wastewater Inspector. A list of certified Onsite Wastewater Installers and MaintenanceProviders, many of whom perform Existing System Evaluations, can be found on the Department ofEnvironmental Quality website .If a septic system inspection is completed, be sure to have an “Existing System Evaluation”form completed by the approved Onsite Wastewater Inspector for the buyer’s own records.Additional information can be found at: Smart.aspxIt is important to know where the septic system is located, whether or not the system iscurrently working properly and if it meets all regulations. Check with the appropriate countydepartment for specific information about a particular property.Read more important information (Provided by the Department of Environmental Quality)regarding septic systems and how to be “septic smart” as a homebuyer and importantmaintenance and operation information.Sewer Scope Inspections Once you have verified the property is connected to a city sewer, don’t overlook theimportance of a sewer scope inspection. A sewer scope inspection is used to determinethe condition of a property’s sewer line. A video camera is inserted into the sewer lineto determine the location and depth of any obstructions or problem areas such as holes,root intrusions, cracks, or separated pipes. Regardless of age of home, a prudent buyerwill have the sewer line inspected. A sewer backup can be a nasty and potentially expensive event to repair. Repair costsstart at 5,000 and quickly escalate to the 15,000 – 20,000 range. Although a real estate licensee may be able to help you find a local sewer scopeinspector, they cannot themselves perform the sewer scope inspection or evaluateany results.6
WELLSIf domestic water for the property is supplied by a private well, the seller is required by statelaw to test the well for total coliform bacteria, nitrates and arsenic through an accreditedlaboratory. The seller must report the lab results to both the Oregon Health Authority andthe buyer within 90 days of receiving them. The tests results are valid for one year and buyersshould verify that the seller uses proper procedures when having the well tested. Moreinformation on this state law requirement can be found at www.HealthOregon.org/wells.Buyers may also want to have the well tested for other potential contaminants not required byOregon law to determine water quality. For more information on domestic wells, visitwww.HealthOregon.org/wells.Buyers should verify that the seller uses proper procedures when having the well tested. Moreinformation on this state law requirement can be found by clicking here. Oregon state law alsorequires that all private wells not registered with the State of Oregon be registered at the timethe property is transferred. Real estate forms in use in Oregon often delegate to the buyer theresponsibility of registering the well with the Oregon Water Resources Department (OWRD).A useful guide to the well identification program can be found by clicking here.Well Flow Tests: If domestic water is supplied by a private well, the buyer should verify to theextent possible whether the well provides adequate water for domestic needs. It is stronglyrecommended that a well flow test be conducted prior to the purchase of any property thatdepends on a well for domestic water. Careful attention should be paid to any disclosures orrepresentations by the seller.Buyers should review all available well records. More information on well logs is available here.To access the well log database online, click here. Buyers are advised to have well flow testedby a professional. While real estate licensees are not trained and do not have the expertiseto test wells, they may be able to direct you to the appropriate well professionals. Even whenwells are inspected and tested, it is impossible to guarantee a continued supply of water.Catastrophic events can and do occur that can change the well quality virtually overnight.Other events, such as development and drought, can affect the quality of an aquifer over time.Any test of a well is merely a snapshot in time and is not an indication of a well’s performancein the future. Any kind of well report should be viewed in this light. Professional inspection,well log review, contaminant testing and flow tests are absolutely critical in determining thecondition of a private well.Underground Oil Storage TanksBuyers should be aware of potential problems associated with underground oil storage tanks.Although home heating oil tanks are not regulated, such tanks can cause serious problems7
if they have leaked oil. Advice on home heating oil tanks and the problems associated withthem can be found by clicking here. A buyer who knows or suspects that property has anunderground storage tank should take appropriate steps to protect his own interests, includingseeking information from the Department of Environmental Quality (DEQ) and, if necessary,consulting with an environmental hazards specialist or attorney
Buyers should look for signs of repairs or remodeling when viewing property. If repairs or remodeling have been done, the buyer will want to make certain the work was properly done. . A video camera is inserted into the sewer line to determine the location and depth of any obstructions or problem areas such as holes, Buyers . Oregon).
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